STATE OF COLORADO COUNTY OF ELBERT 18TH JUDICIAL DISTRICT

AFFIDAVIT
Your affiant is Donald T. Pippin, 471 Panorama Drive, Elizabeth, Colorado, (unincorporated Elbert County), telephone number 303646-0681. Affiant is over 21 years old and has been a resident of Elbert County for approximately 22 years and affiant in a registered voter in Elbert County. Since January 30th, 2012, affiant has made numerous requests to the Elbert County Commissioners and the Elbert County Sheriff for records under the Colorado Open Records Act (CORA), C.R.S. 2472-201. Affiant requested pay information by county department and names of employee for all Elbert County employees for 2010 and 2011. Affiant also requested overtime payments to all county employees and the authorization for those payments by date and supervisor. The response to the request was from a county employee who identified herself as the Human Resources Manager, Cherie Radeker. Ms. Radeker advised that she was responding to Affiants request on behalf of the Board of Elbert County Commissioners (BOCC). Affiants request was initially denied, regarding disclosure of payroll records by employee name. Ms. Radeker said she was a paralegal and cited HB 1187 effective March 26, 2007. A copy of her letter is attached hereto and incorporated herein as, Exhibit A. The information affiant received was not by name as requested and position or position title. The following is initial information that is of concern and later to be in conflict with other records provided by the Ms. Radeker on behalf of the BOCC:
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POSITION Commissioner District 2 Commissioner District 2 HR Manager Office Manager Admin. To BOCC Treasurer County Sheriff Lt. of Investigations Undersheriff Out going Sheriff

AMOUNT $49,700.04 $4,141.67 $17,333.32 $17,333.32 $17,333.32 $52,825.04 $77,651.21 $61,980.00 $66,014.52 not provided

Affiant could not discern from the information if Ms. Radeker provided how much was paid in overtime and how much was the salary of each employee. Affiant also was concerned the County Sheriff was paid $77,651.21, when C.R.S. 30-2-102, limits the Sheriff in a class IV county to mandatory salary of $66,600.00. Mr. Radeker also stated some of the positions were contract positions. Affiant requested all of the contract information regarding those positions which were contracts and who was being contracted. Affiant contacted BOCC commissioner Del Schwab and inquired why the Sheriff was paid more than allowed by law. The commissioner stated the former Sheriff Frangis paid the Undersheriff, the Sheriff elect, for his sick and leave time at the end of December 2010, which accounted for the over payment. He stated this was documented in a letter from Sheriff Frangis. The Commissioner also stated the reimbursement to the new Sheriff took payments quarterly into 2011, because the County was out of funds. The payments to Shayne Heap carried over from 2010, to the 2011, budget cycle because the county did not have the funds to make the payment was also confirmed in a conversation with Ms. Radeker. Affiant did see the request for money
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by Sheriff Frangis to pay Shayne Heap for unused leave, to the BOCC; the amount requested was over $12,000.00. However, Elbert County the lawfully adopted policy regarding leave discloses an employee with less than 5 years of service; leave is accrued at 08 hours a month and from 5 to 10 years of service; it is accrued at 10 hours a month. In 2010, Shayne Heap served less than 10 years with Elbert County. The Elbert County lawfully adopted policy, date 10/1/03, also discloses: This is a USE IT OR LOSE IT BENEFIT. Upon termination of employment with Elbert County Government the employee understands he/she will ONLY be paid for two (2) weeks of their vacation balance not to exceed eighty (80) hours. If the additional pay to Shayne Heap was for and additional 80 hours of annual leave, it would not be reasonable to believe that he would receive over $10,000.00; the amount over $10,000.00, depending which salary information provided by Ms. Radeker is correct. Affiant finds this very concerning since the Commissioners have espoused in public meeting that the County has balanced the County budget for several years. According to state statutes the County is required to balance the budget and the penalty for failing to do so is removal from office. Affiant submits that the county did not balance the budget if they carried over 2010 debt and paid it in 2011. C.R.S. 29-1-110 (1) During the fiscal year, no officer, employee, or other spending agency shall expend or contract to expend any money, or incur any liability, or enter into any contract which, by its terms, involves the expenditures of money of money in excess of the amounts appropriated. Any contract, verbal or written, made in violation of this section shall be void, and no moneys belonging to a local government shall be paid on such contract.

Affiant inquired why the Commissioner District 2, received two salaries for 2011. Affiant was advised the out going Commissioner, even though she only worked a few days in January 2011, was paid for the entire month and the county did not prorate her salary. Ms. Radeker said all out going county elected officials were paid for the entire month having only worked a few days. Affiant found this confusing, because the BOCC commissioner had just stated debt was carried over into 2011 from 2010, because of the lack of funds to pay the 2010 debt. Affiant also noted that the Treasurers salary was also limited by state statute to $49,700.00. It was reported as $52,825.04. Affiant made a second demand to the BOCC to provide wage information by county department, employees by name and all contracts employees. Ms. Radeker provided a new set of numbers different from the first set and still did not provide the names of the employee being paid or contract information. Also, overtime information was not made available. The following information of concern to Affiant was provided by Ms. Radeker on behalf of the BOCC: TITLE DEPT 11 ANNUAL SALARY $49,700.04 not provided) $1,444.44 $1,444.44 $1,444.44

County Commissioner D2 (Out going Commissioner D2 Human Resources Manager Office Manager Payroll Manager (Assume Admin to BOCC) Treasurer (County Sheriff Lt. of Investigations Undersheriff

11 11 11

30

$49,700.04 not provided)

211 211

$66,014.52 $66,600.00

(Out going Sheriff

not provided)

Because the information did not match the information provided in the first request, Affiant requested the information a third time by department, over time paid and name of employee. Ms. Radeker provided the following records on behalf of the BOCC: Position Department Annual Salary Actual Pay

County Commissioner 11 County Commissioner 11 (Not identified by District)

$4,141.67 $47,700.00

$4,141.67 $49,700.00

HR Manager 11 $17,333.29 $17,333.29 Office Manager 11 $17,333.29 $17,333.29 Payroll Manager 18 $17,333.29 $17,333.29 (Assume Admin. to BOCC now is listed in different department) Treasurer County Sheriff Lt. of Investigations Undersheriff Out going Sheriff 30 211 211 211 211 $47,736.00 $72,101.21 $61,980.00 $66,014.52 $5,550.00 $47,736.00 $79,038.47 $83,092.42 $67,270.60 $5,550.00

Because the information is inconsistent and the BOCC failed to provide the information requested by employee name, Affiant requested the information by name for the fourth time. The information also indicates the Sheriff in is violation of state statute because his annual salary is $72,101.21 and he is actually paid $79,038.47. The BOCC did not provide written explanation of the potential violations of Colorado Revised Statutes, (C.R.S.), regarding the overpayment to Sheriff Heap. The BOCC, did provide the over time payment information as requested. The following information is of concern to the Affiant and was provided by Ms. Radeker on behalf of the BOCC:
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Employee/Position Hope Goetz County Commissioner (Out going Commissioner 2) Kurt Schlegel County Commissioner Cherie Radeker Office Manager Cherie Radeker HR Manager Cherie Radeker Payroll Manager

Dept.

Annual Salary

Actual Pay

11

$4,141.67

$4,141.67

11

$49,700.00

$49,700.00

11

$17,333.29

$53,450.96

11

$17,333.29

$17,333.29

18

$17,333.39

$17,333.29

(The total actual pay for Ms. Radeker would add up to be: $88,117.54) Treasurer Shayne Heap Sheriff Joseph Winkle Undersheriff William Frangis Sheriff Michelle Nail Lt. of Investigations 30 $47,736.00 $62,200.04

211

$72,101.21

$79,038.47

211

$66,014.52

$67,270.60

211

$5,550.00

$5,550.00

211

$61,980.00

$83,092.42

Affiant received the information as requested except for contract employees or companies. The disclosure indicates Sheriff Heap has a salary of $72,101.21 which would be in violation of state statues and in the Affiants opinion would constitute the criminal violations of
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Official misconduct, theft over $1,000.00, and embezzlement of public property. The Treasurer is also paid $62,200.60; the first disclosure for the amount paid in salary to the Treasurer is $52,825.04, which also appears to violate state statutes. The payroll records also disclose in the 2010 budget year Shayne Heap, as Undersheriff received and annual salary $60,513.31 and was actually paid $68,822.44. Lt. of Investigations Michelle Nail received an annual salary of $62,516.37 and was actually paid $86,788.55. The current Undersheriff Joseph Winkel was also listed as a Lt. Investigator and received and annual salary of $56,642.04 and was actually paid $61,164.20. Joel Heap was disclosed as Animal Control and was actually paid his annual salary of $41,250.00. County Commissioner Kurt Schlegel made a public statement in front of about 100 people and Commissioner Del Schwab, at a county event that the county does not pay over time to its employees, they only receive compensatory time. Affiant found disclosures of thousands of dollars paid in overtime not listed in this affidavit. It appears the Commissioners are publicly and deliberately misleading county residents on expenditure issues, to include overtime payments and the county budget being balanced. BOCC has on numerous occasions stated the County has balanced the budget without borrowing funds. Based on the disclosures for payroll it appears very evident that the county does not balance the budget when they forward debt from one year to the next. How many other line items are overspent and carried into the next budget cycle? Amy Fordyce, the former Elbert County Clerk and Recorder, was in charge of the 2010 county election. Her election clerk was accused of perjury in Elbert County Court where she was also a witness, over election violations. This was in the presence and with the knowledge of Ms. Fordyce. It was the Affiants understanding that the elections violations was brought by Sheriffs Candidate Brian Weiss for allowing the current Deputy Clerk and Recorder on the ballot after the elections clerk helped her amend her petition to qualify. Brain Weiss was allowed on the election ballot and Ms. Fordyce did not issue the required letter of sufficiency. The election clerk was left in charge of
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the election and left her employment as Election Clerk for the Elbert County Clerk and Recorder after the November 2010, election. After the election Ms. Fordyce was hired by Sheriff Heap. Ms. Fordyce represents herself as an investigator with the Elbert County Sheriffs Office. According to payroll documents she is paid as an Administrative Assistant. (She was also paid $4,141.67 for being employed as the Elbert County Clerk and Recorder in January 2011. Her pay was for the full month of January even though she only worked a few days in January before leaving office.) It was reported by the media that Investigator Fordyce was investigating employee(s) of the Elbert County Clerk and Recorders Office for activity and criminal violations that occurred when she was the Elected Clerk and Recorder. Affiant has been made aware that Ms. Fordyce has not attended the mandatory training to qualify as a law enforcement officer and may be impersonating a police officer. According to payroll records provided by the BOCC, Joel Heap is listed as being in the position of Animal Control with an annual salary of $46,986.12, in 2011; his was actually paid $48,397.99. Affiant knows Joel Heap to be the brother of Sheriff Heap. Affiant has been told that Joel Heap represents himself as a Deputy Sheriff, a Peace Officer, which conflicts with the payroll information provided by the BOCC. Affiant is aware Undersheriff Joseph Winkle has an alcohol related offense on his driving record. According to Elbert County lawfully adopted policy/rule relating to his office, he can not operate a county vehicle. The driving record must be free of any of the following violations. It will be the responsibility of the Elected Official or Department to provide Human Resources with a list of employees who will be utilizing any county vehicle to ensure Human Resources can obtain a motor vehicle report. DUI (driving under the influence), DWI (driving while intoxicated/impaired), OWI (operating while intoxicated/impaired) BAC (exceed the legal limit of blood alcohol concentration).

C.R.S. 18-4-404-First degree official misconduct

(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly: (c) Violates any statute or lawfully adopted rule or regulation relating to his office. C.R.S. 18-4-405-Second degree official misconduct (1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously: (b) Violates any statute or lawfully adopted rule or regulation relating to his office. Affiant believes the information in the CORA request from the BOCC alleges criminal conduct on behalf of Elbert County Officials and the Affiant requests the District Attorney of the 18th Judicial District investigate this matter or have the District Grand Jury review this Affidavit and pursue an independent investigation.

__________________ Donald T. Pippin, Affiant

________ Date

Notary Public: I further certify that I am over the age of 21 years and a resident of Elbert County and the information in this affidavit was received by me from Elbert County personnel. Subscribed and sworn to before me the _____day of _______, 2012.

_________________ NOTARY PUBLIC My Commission Expires:

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